GANESH Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is preferred against the judgment dated 8-8-2001 passed by 6th Additional Sessions Judge, Bilaspur (CG) in Session Trial No. 95 of 1996 wherein the said Court has convicted the appellant for the commission of offence under Sections 457 and 397 of IPC and sentenced him to undergo RI for five years and fine of Rs.500/- and RI for seven years respectively with default stipulations.

(2.) As per version of prosecution, in the intervening night of 29th and 30th of April 1994, complainant namely Hari Shankar was sleeping in his house and other members of family were also sleeping in his house situated at village Utwa. At about 12.00 pm in the night when the father of Harishankar namely Rikiram came out of his house to ease himself, three persons entered into his house with Tabbal, threatened the family members and got the key of the box in which some ornaments and cash were kept.. The said persons removed ornaments and Rs.150/- from the box and fled away from the place. The matter was reported at Police Station and investigated and after completion of trial, the trial Court convicted and sentenced the appellant as aforementioned.

(3.) Learned counsel for the appellant would submit as under: